TRINETHRA SUPER RETAIL PVT. LIMITED v. A.M.ABHUSAMMED
Case at a glance
Provisions considered
Judgment
PIUS C. KURIAKOSE, J.-----------------------------------------------A.R. No. 20 of 2008-----------------------------------------------Dated this the 15th day of September, 2008J U D G M E N TThis is an application under section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of an independent andimpartial arbitrator for settling the disputes between the parties overAnnexure-A agreement. No counter affidavit has been filed. Annexure– A contains Annexure – B, which I find is a valid arbitration clause. Since it is not disputed that there is a valid arbitration agreementbetween the parties in respect of Annexure – A and since Annexure –B arbitration clause has been validly invoked I do not find any reasonas to why this application should not be allowed. The name of Sri.N.Sukumaran, retired District Judge and Advocate of this Courtwas suggested to the parties who were before me through AdvocatesSri.A.Kumar and Sri. Bindu Sasthamangalam and the learned counseldid not raise any objections regarding the proposed arbitrator. A.R.accordingly will stand allowed. Sri.N.Sukumaran is appointed asarbitrator for resolving all the disputes around Annexure-A agreementwhich are subject matter of this application and Annexure – C notice. The arbitrator will enter on reference and make and publish his award AR. N0. 20/08-2-at the earliest. I am sure that the arbitrator will fix reasonable termsregarding the remuneration payable to him. (PIUS C.KURIAKOSE, JUDGE)ksv/-
Questions this judgment answers
Which statutory provisions did this judgment involve?
Arbitration andConciliation Act, 1996 — s. 11(5).
Which court decided this case, and when?
Kerala High Court, on 15 Sep 2008. The bench was PIUS C KURIAKOSE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.